Fillable Form Florida Residential Lease Agreement - (Annual or Month-to-Month)

What is the Florida Residential Lease Agreement?

The Florida Residential Lease Agreement is a contract for renting a residential property in the State of Florida. The owner of the property is called the “Landlord,” whereas the person leasing is called the “Tenant.”

You may download a PDF copy of the Residential Lease Agreement Florida State Template on websites that offer document templates. But you may also electronically fill it out on PDFRun for your convenience.

How to fill out the Florida Residential Lease Agreement?

Enter all necessary information in the Residential Lease Agreement Template Florida. Make sure that everything you provide is true, accurate, and correct.

Date

Enter the date.

Name of Landlord

Enter the name of the Landlord.

Name of Tenant

Enter the name of the Tenant.

County

Enter the county the property is located.

Premises

Enter the street address of the property.

Term

Date of Commencement

Enter the date the agreement started.

Type of Term

Mark the appropriate item to determine the type of term for your Agreement. You may select:

• Lease for Term — Enter termination date.
• Month-to-Month

Rent

Rent Amount

Enter the rent amount in dollars.

Forms of Payment

Mark the appropriate item to determine the acceptable forms of payment for rent to the Landlord. You may select:

• Personal check
• Money order
• Cashier’s check
• Other

If you marked “other,” enter the form of payment.

Payment Recipient and Address

Enter the name and address of the recipient of payment.

Security Deposit

Deposit Amount

Enter the deposit amount in dollars.

1. Disclosure of Depository Where the Advance Rent or Security Deposit is Held

Banking Institution

Enter the name of the Florida banking institution.

Address

Enter the address of the Florida banking institution.

1. Timeframe to Return Deposit or Provide Written Notice of Intention to Impose Claim

Damages Amount

Enter the total amount of damages.

Deposit Due To

Enter the name to whom the deposit is due.

Address

Enter the address where the objection shall be sent.

C to E.

Read the terms properly and ensure their accuracy.

Use of Premises

Occupants

Enter the occupants on the Premises.

Condition of Premises

This section states that the Tenant stipulates, represents, and warrants that he has examined the Premises, and that they are at the time of this Lease in good order, repair, and in a safe, clean, and tenantable condition.

Assignment and Subletting

This section states that the Tenant shall not assign the Residential Lease Agreement Florida State, or sublet or grant any license to use the Premises or any part thereof without the prior written consent of the Landlord.

Keys and Access Devices

Mark the items to determine that the tenant received the following keys and devices. The following items to mark are:

• Sets of keys to the Premises
• Mailbox keys
• Garage door openers

If the Premises has common areas or facilities, or if the Premises is subject to membership in a homeowner’s association, the Tenant shall mark the following items they received:

• Keys to
• Remote controls to
• Fobs to
• Item 1 to Item 2

Enter the details for each item you marked above.

Alterations and Improvements

This section states that the Tenant shall make no alterations to the buildings or improvements on the Premises or construct any building or make any other improvements on the Premises without the prior written consent of the Landlord.

Non-Delivery of Possession

This section states that in the event the Landlord cannot deliver possession of the Premises to the Tenant upon the commencement of the Lease term, through no fault of the Landlord or its agents, the Landlord shall have no liability, but the rental herein provided shall abate until possession is given.

Hazardous Materials

This section states that the Tenant shall not keep any dangerous, flammable, or explosive character on the Premises.

Utilities

This section states that the Tenant shall be responsible for arranging for and paying for all utility services required on the Premises.

Maintenance and Repair; Rules

This section states that the Tenant will keep and maintain the Premises and appurtenances in a good and sanitary condition and repair during the term of this Agreement and any renewal thereof.

Insurance

This section states that the Landlord, his agent, or manager are not responsible for insuring TEnants or Tenant’s permitted visitors’ personal property and vehicles against loss or damage due to theft, vandalism, fire, water, rain, criminal or negligent acts of other, or any other cause.

Damage to Premises

This section states that the Agreement shall be terminated if the Premises are destroyed or rendered wholly uninhabitable by fire, storm, earthquake, or other casualties not caused by the negligence by the Tenant.

Inspection of Premises

This section states that the Landlord and his agents shall have the right at all reasonable times during the term of this Agreement and renewal thereof to enter the Premises for inspection purposes.

Subordination of Lease

This section states that this Agreement and the Tenant’s interest are and shall be subordinate to any mortgages, liens, or encumbrances now or hereafter placed on the Premises by the Landlord.

Tenant’s Hold Over

Holdover Amount

Enter the holdover amount per month.

Rent Amount

Enter the rent amount.

Surrender of Premises

This section states that the Tenant shall surrender the Premises in as good a state and condition as they were at the commencement of this Agreement.

Animals

Number of Animals

Enter the number of animals allowed on the Premises.

Pet Deposit

Enter the pet deposit amount.

Quiet Enjoyment

This section states that the Tenant shall and may peacefully and quietly give, hold, and enjoy said Premises for the term hereof.

Indemnification

This section states that the Landlord shall not be liable for any damage or injury of or to the Tenant, his family, guests, invitees, agents, employees, or to any other person entering the Premises or any building that is a part or lies upon the premises.

Default

This section states that if the Tenant fails to confirm or comply with any provision of the Residential Lease Agreement Florida State, the Landlord shall provide the Tenant with a notice of default and the Tenant shall have the number of days state therein to cure such default.

Late Charge

Late Fee Amount

Enter the late fee amount in dollars.

Abandonment

This section states that if the Tenant abandons the Premises during the term of this Agreement, the Landlord may obtain possession of the Premises in the manner provided by law, and without becoming liable to the Tenant for damages or any payment of any kind.

Attorneys’ Fees

This section states that the Tenant agrees to pay all expenses so incurred, should it become necessary for the Landlord to employ an attorney to enforce any of the conditions or covenants of the Agreement.

Recording of Agreement

This section states that the Tenants shall not record this Agreement on the Public Records of any public office.

Governing Law

This section states that the governing law of the Residential Lease Agreement Florida is the Laws of the State of Florida.

Severability

This section states that if any provision of this Agreement or the application thereof shall be invalid or unenforceable, the remainder of the Agreement shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law.

Successors; Joint and Several Liability

This section states that all rights and liabilities shall extend to and bind the Landlord and Tenant and their respective heirs, administrators, executors, successors, and assigns.

Descriptive Headings

This section states that the descriptive headings are for convenience of reference only and do not have any effect on determining the rights and obligations of the Landlord or Tenant.

Construction

This section states that the pronouns used herein shall include either gender or both, singular and plural.

Non-waiver

This section states that no waiver shall affect the Tenant’s duties and liabilities under this agreement.

Modification

This section states that the parties agree that the Residential Lease Agreement Form contains the entire agreement between the parties and it shall not be modified, changed, altered, or amended in any way except through a written amendment signed by all parties.

Radon Notification

This section states that any additional information regarding radon and radon testing may be obtained from your county health department to check the levels of radon in your building.

Fire Protection Disclosure

Availability of Protection

Enter any fire protection available in the building.

Landlord’s Name

Enter the landlord’s name.

Landlord’s Address

Enter the landlord’s address.

Landlord’s Email Address

Enter the landlord’s email address.

Tenant’s Name

Enter the tenant’s name.

Tenant’s Address

Enter the tenant’s address.

Tenant’s Email Address

Enter the tenant’s email address.

Additional Provisions or Disclosures

Enter any additional provisions or disclosures. Otherwise, leave it blank.

Date as to Landlord

Enter the date the Landlord signed this Agreement.

Sign

Have the Landlord affix their signature.

Print

Enter the Landlord’s name.

Date as to Tenant

Enter the date the Tenant signed this Agreement.

Sign

Have the Tenant affix their signature.

Print

Enter the Tenant’s name.

First Witness

Sign

Have the first witness affix their signature.

Print

Enter the first witness’s name.

Second Witness

Sign

Have the second witness affix their signature.

Print

Enter the second witness’s name.

Individual’s Name

Enter the individual’s name.

Individual’s Address

Enter the individual’s address.

Individual’s Phone Number

Enter the individual’s phone number.

Individual’s Email Address

Enter the individual’s email address.

Frequently Asked Questions Aboutthe Florida Residential Lease Agreement

Can I write my own lease agreement in Florida?

Yes, you can write your own lease agreement in Florida as long as it contains all of the required information and is signed by both parties. However, it is always recommended to have a lawyer review any legal document before signing it.

As a guideline, your lease agreement should include:

• The full names of the landlord and tenant
• The address of the rental property
• The amount of rent to be paid and when it is due
• The length of the lease term
• Any rules or regulations regarding the property, such as quiet hours, parking, visitors
• Both parties' signatures and the date the agreement was signed

If you have any questions about what should be included in your lease agreement, or if you need help drafting one, please contact a Florida landlord-tenant attorney for assistance.

Does a lease agreement need to be notarized in Florida?

Yes, a lease agreement needs to be notarized in Florida in order for it to be legally binding. This is because the lease agreement is a contract between the landlord and tenant, and all contracts need to be notarized in order to be enforceable. Notarizing the lease agreement ensures that both parties have signed the agreement and are aware of their obligations under the contract.

A lease agreement can be notarized by any licensed notary public in Florida. The landlord and tenant must both sign the agreement in front of the notary, and the notary will then stamp and sign the agreement to certify that it is valid. If either party does not have a valid ID, the notary may require additional documentation before they will notarize the agreement.

The fee for notarizing a lease agreement is typically around $10-$20, but it may vary depending on the county where the agreement is being notarized. It is important to note that while a lease agreement needs to be notarized in order to be legally binding, it is still recommended that both parties read and fully understand the terms of the agreement before signing it. Notarizing the agreement does not mean that either party is waiving their right to legal counsel. If either party has any questions about the agreement, they should consult with an attorney before signing.

What makes a lease legally binding in Florida?

In order to be legally binding, a lease agreement in Florida must be in writing and signed by both the landlord and tenant. The lease must also include the following information:

• The names of the landlord and tenant
• The address of the rental property
• The amount of rent that is to be paid, and when it is due
• The length of the lease term
• A description of any rules or regulations regarding the property (e.g., no smoking, no pets)

If the lease agreement meets all of these requirements, it will be considered legally binding in Florida.

When a lease is legally binding, both the landlord and tenant are required to uphold their end of the agreement. For example, the landlord cannot evict the tenant without cause, and the tenant must pay rent on time. If either party breaches the terms of the lease, the other party may have legal recourse.

It's important to note that even if a lease is not legally binding, both parties are still obligated to uphold their end of the agreement. This means that if the tenant does not pay rent, the landlord can still evict them. Similarly, if the landlord breaks the rules of the lease, the tenant can still sue them. So while a legally binding lease gives both parties more protection in court, it is not necessarily required in order for an agreement to be upheld.

Do I need a license to rent my house in Florida?

The answer to this question depends on a few factors. If you are simply renting out a room in your house, you likely will not need a license. However, if you are renting out an entire apartment or home, you may need a license from the city or county in which the property is located. Additionally, if you plan on collecting rent from multiple properties, you will need to obtain a broker's license from the state of Florida.

In many cases, you can avoid the need for a license by using a licensed real estate broker to manage your rental properties. Brokers are required to follow certain laws and regulations, and they can help you navigate the process of renting out your property.

If you do decide to obtain a license, there are a few things you should keep in mind. First, you will need to pass an examination administered by the Florida Department of Business and Professional Regulation. Additionally, you will need to complete a criminal background check and submit fingerprints. Finally, you will need to maintain liability insurance on your rental properties.

It is best to consult with an experienced real estate attorney to determine whether you need a license to rent your property in Florida. An attorney can also help you navigate the licensing process and ensure that you are in compliance with all laws and regulations.

Does a Florida residential lease need to be witnessed?

No, a Florida residential lease does not need to be witnessed. However, it is recommended that both parties sign the lease in front of a witness and have the witness sign as well. This will ensure that there is evidence of both parties' agreement to the terms of the lease. Having a witness sign the lease can also help prevent disputes about what was agreed to, since the witness can attest to what was said and signed.

Is a lease valid if not signed by the landlord in Florida?

No, a lease is not valid if it is not signed by the landlord. This is because the landlord is the party who owns the property and is leasing it to the tenant. The landlord is also responsible for ensuring that the property is up to code and compliant with all applicable laws. If the landlord does not sign the lease, then the tenant may be able to get out of the lease or sue the landlord.

How long can a residential lease be in Florida?

There is no maximum length for a residential lease in Florida, but leases are typically for 12 months. Shorter leases may be 6 or 9 months, and some leases can be month-to-month.

It is important to carefully read and understand your lease agreement before signing it. Be sure to ask the landlord or leasing agent any questions you have about the lease so that you are clear on the terms and conditions.

Can a landlord terminate a lease without cause?

Landlords can technically terminate a lease without cause, but they typically need to give the tenant reasonable notice first. The amount of notice required will depend on state law and the terms of the lease agreement. In some cases, landlords may be able to evict a tenant without cause if the tenant has violated the lease agreement in some way.

To protect your rights as a tenant, it's important to carefully review your lease agreement before signing it. You may also want to check your state's landlord-tenant laws to see if there are any additional protections in place. It's always best to try to work things out with your landlord directly if you're having any problems. If that's not possible, you may need to consult an attorney.

Can a landlord break a lease to sell the property in Florida?

Yes, a landlord can break a lease to sell the property in Florida. If the landlord has given the tenant notice to vacate the premises, the tenant must vacate within the time period specified in the notice. If the tenant does not vacate within the time period specified in the notice, the landlord may file an eviction action against the tenant.

No matter what the reason is for the sale, once a Notice to Vacate has been served, the tenant must comply with it. If they don't, then an eviction action can and will be filed against them.

While this may sound unfair, it's actually quite common. Landlords often need or want to sell their rental properties for a variety of reasons. Sometimes they need the money from the sale in order to retire, while other times they may simply be moving to a different state and can't take their property with them.

If you're a tenant who has been served with a Notice to Vacate due to your landlord wanting to sell the property, your best bet is to start looking for a new place to live as soon as possible. You may even be able to negotiate with your landlord for a bit more time if you're able to find a buyer for the property. However, you should never try to stall the sale of the property or otherwise interfere with the landlord's ability to sell it. Doing so could result in an eviction action being filed against you.

How much notice is required to terminate a month-to-month lease in Florida?

In Florida, a tenant who wishes to terminate a month-to-month lease must give the landlord at least 15 days' written notice before the end of the rental period. The notice must be either delivered in person or sent by certified mail. If the lease agreement does not specify a termination date, the tenant may terminate the lease on any day. However, the tenant is still responsible for paying rent for the entire month in which he or she terminates the lease.

What is the most common type of residential lease?

The most common type of residential lease is the one-year lease. This type of lease typically lasts for 12 months, although it can be shorter or longer depending on the agreement between the landlord and tenant. The one-year lease is the most popular because it gives both parties a chance to assess whether they want to continue the relationship for another year. It also allows landlords to increase rent if they feel necessary, without having to go through a lengthy process.

The main benefit of a one-year lease is that it provides stability and predictability for both the landlord and tenant. The landlord knows that they will have a tenant on their property for at least 12 months, and the tenant knows that they will have a place to live for at least that amount of time. This can be helpful when planning finances and making long-term decisions. Additionally, a one-year lease gives both parties the opportunity to renegotiate terms if necessary, which can be beneficial if either party's circumstances change over the course of the year. Finally, a one-year lease typically contains clauses that allow for rent increases or decreases, depending on market conditions, which can help protect either party from unforeseen changes in the rental market.

The main downside of a one-year lease is that it can be inflexible if either party's circumstances change. For example, if a tenant gets a new job that requires them to move to a different city, they may have to break their lease early and pay a penalty. Additionally, if a landlord wants to sell their property or make major renovations, they may need to wait until the end of the lease term to do so. While these situations are not common, they are something to keep in mind when considering a one-year lease.

Overall, the one-year lease is the most popular type of residential lease because it offers stability and predictability for both landlords and tenants. It is important to remember, however, that a one-year lease may not be the best option for everyone. If either party's circumstances change, it may be necessary to consider a different type of lease agreement.

Who can witness a signature on a lease?

A lease is a legal document, and as such, it must be witnessed by a disinterested third party who can attest to the fact that all parties involved have freely and willingly entered into the agreement. This witness does not need to be a lawyer or notary public, but they must be objective and able to understand the terms of the lease. The witness should also sign and date the lease alongside the landlord and tenant.

In general, it is best to have the lease witnessed by someone who knows all of the parties involved, such as a friend or family member. This can help to avoid any potential misunderstandings or disputes down the road. Additionally, having a witness present can also serve as a deterrent to fraud or other illegal activity. If there are any questions about the validity of the lease, the witness can be called upon to testify in court.

Is a verbal rental agreement legally binding in Florida?

There is no definitive answer to this question since Florida law does not specifically address the issue of verbal rental agreements. However, courts in Florida have typically held that oral contracts are binding if all of the essential elements of a contract are present. These elements include offer and acceptance, consideration, and mutual assent. Therefore, it is possible that a court could find that a verbal rental agreement is legally binding in Florida if all of these elements are present.

Related Articles:

• Month-to-Month Lease Laws in Florida
• The 3 Different Types of Apartment Leases
• Can I Be Evicted If My Rental Home is Sold at a Foreclosure Sale?
• Thinking About Renting Your House Out? What You Need to Know